Holland & Knight LLP

Validez de prueba de alcoholemia a trabajadores

La Corte Suprema de Justicia en Sala de Casación Laboral publicó en febrero de 2015, mediante la sentencia No. 38381 del 18 de junio de 2014, algunos puntos importantes sobre la validez de la prueba de alcoholemia a los…more

Columbia

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Legislative Alert: Illinois House of Representatives Passes HB 924

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on work…more

Contractors, New Legislation, Reporting Requirements, Subcontractors

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Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for medical…more

ADA, Affordable Care Act, Age Discrimination, Ban the Box, Breach of Contract

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Brexit Impact on Intellectual Property Rights to Be Known Only After UK Exit Terms Finalized

Although the United Kingdom (UK) vote to leave the European Union (EU) will ultimately impact intellectual property (IP) rights in both territories, the UK remains a member of the EU until the exit terms are formalized, so there…more

Article 50 Treaty of the EU, EU, European Patent Convention, European Union Trademark (EUTM), Intellectual Property Protection

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Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private…more

DLSE, DOL, FAAAA, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Hiring & Firing

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Delaware Federal Court Dismisses Say-on-Pay Complaint

In a recent opinion, the United States District Court for the District of Delaware dismissed a derivative complaint brought as a result of a negative shareholder advisory vote on executive compensation. The court found that the…more

Derivative Suit, Dodd-Frank, Executive Compensation, Say-on-Pay, Shareholder Votes

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Supreme Court Upholds Reasonable Contractual Limitations Period in ERISA Plan

The U.S. Supreme Court has ruled unanimously that certain statute of limitations provisions in employer-sponsored benefit plans are enforceable, even when they begin to run before the plan's administrative process has been…more

Employee Benefits, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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FDA Issues New Drug Compounding and Outsourcing Facility Guidance - The New Policy Documents Clarify FDA's Expectations and Enable the Compounding Industry to Comply with the Compounding Quality Act

The FDA issued multiple policy documents on July 1, 2014, to implement the Compounding Quality Act (CQA). Congress enacted the CQA in November 2013 as part of the Drug Quality and Security Act (DQSA), in response to the deadly…more

DQSA, Drug Compounding, FDA, Pharmaceutical Industry, Prescription Drugs

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SEC Adopts "Regulation A+" That Expands Capital Raising Flexibility for Non-Public Companies

On March 25, 2015, the U.S. Securities and Exchange Commission (SEC) adopted final rules that will greatly facilitate the ability of private (i.e., non-SEC reporting) financial institutions and other companies to access the…more

Capital Formation, Debt Securities, Equity Securities, JOBS Act, Regulation A

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Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is…more

Aircraft, Airplane Accidents, Aviation Industry, Bodily Injury, Federal Aviation Act

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Paid Family and Medical Leave for D.C. Employees To Become Law

District of Columbia Mayor Muriel Bowser on Feb. 15, 2017, declined to veto the controversial Universal Paid Leave Amendment Act of 2016. Although she declined to veto the measure, Bowser returned the bill unsigned to the…more

Anti-Retaliation Provisions, FMLA, Medical Leave, New Legislation, Notice Requirements

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Supreme Court Will Hear Case on ACA Health Insurance Tax Credits

On Nov. 7, 2014, the U.S. Supreme Court announced that it will hear the case of King v. Burwell, one of multiple challenges to the validity of the premium tax credits provided under the Affordable Care Act (ACA) to individuals…more

Affordable Care Act, Halbig v Burwell, Health Insurance Exchanges, Healthcare Reform, Healthcare.gov

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Mexico's CENACE Determines Assets for Power Transmission and Distribution Networks

Mexico's National Energy Control Center, or Centro de Control de Energía (CENACE), is the non-centralized government body that operates the country's Wholesale Power Market, or Mercado Mercado Eléctrico Mayorista (MEM). As such,…more

Mexico, Power Infrastructure, Transmission Grid, Utilities Sector

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Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency by Dec. 31, 2014

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any…more

Building Permits, Construction Industry, Extensions, Real Estate Development, Relief Measures

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Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in…more

Affordable Care Act, Catholic Church, Contraceptive Coverage Mandate, Establishment Clause, IRS

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DOJ Shifts Stance on False Statements Prosecutions - A Change That Could Have a Major Impact on Future White Collar Investigations and Prosecutions

The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and…more

Criminal Prosecution, DOJ, Enforcement, Enforcement Actions, False Statements

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Obama Uses Executive Order Authority to Respond to Malicious Russian Cyber Activity - President Amends EO 13964 From April 2015 in Answer to Attacks on U.S. Electoral System

President Barack Obama amended Executive Order (EO) 13964 on December 29, 2016, in response to intelligence community findings that the Russian government engaged in malicious cyber activity with respect to the U.S. electoral…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Crimes, Cybersecurity, DHS

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Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from the…more

Beverage Manufacturers, Class Action, Deceptively Misdescriptive, Disparagement, Distributors

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Decisions Do Not Apply "Jewel Doctrine" to Departed Partners' Fees - Legal Fees Earned by Departed Partners in Now-Defunct Law Firms Determined Not to Be Property of the Bankrupt Firm

A California District Court recently held that a bankruptcy trustee could not claim a property interest in the hourly fee matters pending at the now-dissolved Heller Ehrman LLP law firm. This June California decision was…more

Business Assets, Commercial Bankruptcy, Dissolution, Insolvency, Law Firm Partners

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Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation

On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The…more

Attorney Generals, Compliance, False Claims Act (FCA), FERA, Whistleblowers

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FDA Issues New Drug Compounding and Outsourcing Facility Guidance - The New Policy Documents Clarify FDA's Expectations and Enable the Compounding Industry to Comply with the Compounding Quality Act

The FDA issued multiple policy documents on July 1, 2014, to implement the Compounding Quality Act (CQA). Congress enacted the CQA in November 2013 as part of the Drug Quality and Security Act (DQSA), in response to the deadly…more

DQSA, Drug Compounding, FDA, Pharmaceutical Industry, Prescription Drugs

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Qualifying Loans Will Reduce or Eliminate Risk Retention Obligations of Issuers Under Reproposed Credit Risk Retention Rules

The general risk retention requirements mandated under section 15G of the Securities and Exchange Act of 1934 (added by section 941 of the Dodd-Frank Act) will be applicable to all issuers of asset-backed securities (ABS) once…more

Asset-Backed Securities, Dodd-Frank, Risk Retention, Securities Exchange Act, Underwriting

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Secretary of Interior Nominee Willing to Work for Tribes

President-Elect Donald Trump has officially announced Rep. Ryan Zinke (R-Mont.) as his nominee for Secretary of the U.S. Department of Interior (DOI). During his time in Congress, Zinke has addressed various DOI issues regarding…more

Coal, Department of the Interior, Native American Issues, Nominations, Political Appointments

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FinCEN Assesses Significant Penalty Against Casino for Bank Secrecy Act Violations

The Financial Crimes Enforcement Network (FinCEN) assessed on July 15 a civil money penalty in the amount of $2.8 million against Hawaiian Gardens Casino Inc., d/b/a The Gardens Casino, for Bank Secrecy Act (BSA) regulatory…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Casinos, Civil Monetary Penalty

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10 Key Intellectual Property Issues for M&A Deals

Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law…more

Acquisitions, Copyright, Due Diligence, Infringement, Intellectual Property Protection

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Insurance Companies Need to Prepare for Swap Margin Rules in Effect on March 1, 2017

March 1, 2017, is the scheduled implementation date applicable for all insurance companies for the mandatory posting of variation margin to their swap dealer counterparties under U.S. margin rules. Although the obligation…more

Covered Entities, Financial Sector, Insurance Industry, ISDA, Major Swap Participants

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Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a…more

Beer, Breweries, Cybersecurity, Excise Tax, FDA

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Food and Beverage Law Update: August 2016

When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &…more

COPPA, Cyber Insurance, Cybersecurity, Data Breach, Defined Contribution Plans

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Energy in Transition: Trump Announces Additional Cabinet Nominees

President-Elect Donald Trump announced this week three new cabinet nominees who will certainly influence U.S. energy policy at home and abroad. This alert is intended to update clients on the President-Elect's nominees and their…more

Climate Change, Coal, Coal Industry, Department of Energy, Department of the Interior

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Second Circuit Ends "Doing Business" Test in New York for General Jurisdiction - The Court Adopts the "Essentially at Home" Test Limiting New York Courts’ General Jurisdiction Over Foreign Corporations

In September 2014, the Second Circuit abrogated the nearly century-old "doing business" test used by New York courts in deciding whether general jurisdiction exists over foreign corporations. In Gucci America, Inc. v. Weixing…more

Banks, Doing Business, Foreign Corporations, Jurisdiction

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Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a…more

Appeals, Data-Sharing, Dismissals, FL Supreme Court, Florida

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Conservatorships and Guardianships in Tribal Courts: What Tribes Need to Know

Many tribes are considering, or have already implemented, the capability for their tribal courts to handle protective proceedings for older and developmentally disabled tribal members, as well as other vulnerable adults who…more

conservator, Disabled, Elder Issues, Jurisdiction, Legal Guardian

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Expatriation: Opportunities in a Mist of Uncertainty, Journal of International Taxation - Dec 2014

Expatriation - Expatriation: Opportunities in a Mist of Uncertainty - Almost six years after the tax rules on expatriation were materially changed, a lack of official guidance has left several issues that are both…more

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USCIS to Temporarily Suspend Premium Processing for H-1B Visas

U.S. Citizenship and Immigration Services (USCIS) has announced that, starting on April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B visa petitions. The suspension could last up to six months…more

Form I-129, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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Supreme Court Clarifies Insider Trading

The U.S. Supreme Court has clarified what constitutes illegal insider trading by making it easier for the government to bring such cases. In a Dec. 6, 2016, unanimous decision in Salman v. United States, the court held that when…more

Confidential Information, Dirks v SEC, Financial Markets, Illegal Tipping, Insider Trading

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New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees - "Free and Clear" Sale of a Trademark or Intellectual Property License Under Section 363 Does Not Trump Rights of Third Party Licensees under Section 365

The United States Bankruptcy Court for the District of New Jersey issued an opinion in In re Crumbs Bake Shop, Inc., No. 14-24287-MBK that provides significant protections for trademark licensees. The opinion was issued on Oct…more

Chapter 11, Commercial Bankruptcy, Executory Contracts, IP License, Licenses

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How Will the Consolidation of Insurance Markets Affect You?

Market consolidation dominated the insurance industry last year, and all signs suggest that this trend toward consolidation will continue. One of the largest mergers involves ACE Limited, which announced in July 2015 that it…more

D&O Insurance, Industry Consolidation, Insurance Industry, Premiums, Underwriting

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Potential Transfer Tax Reform and 2016 Year-End Tax Planning Considerations

With the upcoming Republican control of the executive and legislative branches, tax changes are certain to occur. As articulated thus far, President-Elect Donald Trump has proposed the elimination of the federal estate tax in…more

Capital Gains, Estate Planning, Estate Tax, Tax Rates, Tax Reform

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Governor Signs Bill Regulating Retainage on Private Construction Projects - The New Retainage Law Bolsters the Mass. Construction Industry, Promotes Development and Improves Contractors' Cash Flows

On Aug. 8, 2014, Gov. Deval L. Patrick signed into law "An Act Relative to Fair Retainage Payments in Private Construction." Massachusetts now joins numerous other jurisdictions in the regulation of retainage on private…more

Construction Contracts, Construction Disputes, Construction Litigation, Contractors, Retainage

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Proposed Treasury Regulations Would Severely Limit Valuation Discounts

Earlier this month, the U.S. Department of the Treasury unveiled its long-awaited proposed regulations targeting valuation discounts commonly used in estate planning, thereby overturning decades of settled law. As drafted, the…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

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OIG Issues Favorable Advisory Opinion Regarding Wholly Owned GPO Arrangement

The U.S. Department of Health and Human Services Office of Inspector General (OIG) on May 9, 2016, issued Advisory Opinion 16-06, finding a sufficiently low level of risk in a group purchasing organization (GPO) arrangement in…more

Anti-Kickback Statute, GPOs, OIG, Safe Harbors

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Bankruptcy Benefits for Startups

The failure of your startup and subsequent exit plan will raise a host of conflicting concerns, such as your reputation in the VC community, the well-being of your employees, and the preservation of your company's work. These…more

Bankruptcy Plans, Entrepreneurs, Legal Perspectives, Restructuring, Startups

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Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending certified…more

Armed Services Board of Contract Appeals, Construction Contracts, Construction Industry, Contract Disputes Act, Federal Contractors

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FTC Report on Sharing Economy Cautions Regulators Not to Impede Innovation

In 1942, economist Joseph Schumpeter observed that the "creative destruction" of innovation often drives economic growth in market economies as companies continuously introduce new products or services, or new ways to produce or…more

AirBnB, Corporate Counsel, FTC, FTC Act, Innovation

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Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of 2014…more

Data Breach, Data Protection, FIPA, Identity Theft, New Legislation

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Forecast for the Department of Energy Finance Programs

President-Elect Donald Trump announced former Texas Gov. Rick Perry on Dec. 13, 2016, as his selection for Secretary of Energy. To many champions of renewable energy, Perry is considered an adversary for his hardline denial of…more

Clean Energy, Climate Change, Department of Energy, Energy Policy, Energy Sector

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West Coast Real Estate Update: March 2017

Gov. Brown Opposes Measure S - In a statement published less than two weeks before Los Angeles' Consolidated Municipal and Special Elections to be held on March 7, 2017, California Gov. Jerry Brown came out in opposition to…more

Ballot Measures, Beneficial Owner, FinCEN, Geographic Targeting Order, Insurance Industry

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MAP-21: What Business Members Need To Know

Originally published in Business In Motion, October 2012. More than thirty-three months late, Congress adopted a two-year surface transportation bill, Moving Ahead for Progress for the 21st Century (MAP-21). While funding…more

MAP-21, Surface Transportation, Surface Transportation Board

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Department of Defense Proposes New Uniform Grant and Cooperative Agreement Regulations

On November 7, 2016, the Department of Defense (DoD) published six Notices of Proposed Rulemakings that collectively update the agency's existing interim regulations governing awards of grants and cooperative agreements. 81 Fed…more

Cooperative Agreements, Department of Defense (DOD), Federal Contractors, Grants, Native American Issues

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Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational…more

DOL, Employee Rights, Employer Liability Issues, FLSA, Full-Time Employees

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House Committees Unveil Affordable Care Act Repeal/Replace Bill

Congressional Republican leaders have indicated that they will approach the repeal and replacement of the Affordable Care Act in three steps: 1) repeal and replace through the so-called "budget reconciliation" process; 2)…more

Affordable Care Act, Employer Mandates, Health Insurance, Health Savings Accounts, Healthcare Reform

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U.S. Department of Labor Publishes New Persuader Rule

The U.S. Department of Labor (DOL) published on March 23, 2016, its controversial "persuader" rule concerning labor relations activity that will force many employers and their law firms to file reports annually with the federal…more

Attorney-Client Privilege, Collective Bargaining, DOL, Final Rules, LMRDA

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Florida Development Permits Eligible for Extensions Due to Storms and Other Conditions

In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to…more

Building Permits, Construction Industry, Construction Project, Hurricane Matthew, Mass Shootings

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Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for medical…more

ADA, Affordable Care Act, Age Discrimination, Ban the Box, Breach of Contract

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Jury to Decide SEC's Case Against Feeder Fund in Ponzi Scheme

The SEC's case against a hedge fund owner who allegedly funneled hundreds of millions into a $3.5 billion Ponzi scheme will be left up to a jury to decide. U.S. District Judge Ann D. Montgomery declined both sides' motions for…more

Feeder Funds, Hedge Funds, Investors, Jury Trial, Ponzi Scheme

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Department of Labor Increases Penalties for Certain ERISA Violations

The U.S. Department of Labor (DOL) published on July 1, 2016, an interim final rule adjusting the civil monetary penalties that it can enforce. These adjustments are the result of the Federal Civil Penalties Inflation Adjustment…more

CHIP, Civil Monetary Penalty, Disclosure Requirements, DOL, Employee Benefits

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Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR Tactical,…more

Bid Protests, Competitive Bidding, Contract Drafting, Federal Contractors, Florida

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Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their…more

Caronia, Commercial Speech, FDCA, First Amendment, Free Speech

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New ESA Regulations Expand Impact of "Critical Habitat" Designations

Two new rules and one new policy from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) relating to the process of designating and protecting "critical habitat" under the Endangered…more

Critical Habitat, Endangered Species, Endangered Species Act (ESA), Habitat Conservation Plan, National Marine Fisheries Service

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House ACA Bill Contains Numerous Provisions Affecting Employers

The House Committee on Ways and Means and the House Energy and Commerce Committee released proposed legislation on March 6, 2017, to partially repeal and replace parts of the Affordable Care Act (ACA), which was signed into law…more

Affordable Care Act, Business Tax Credits, Cadillac Tax, Employee Benefits, Employer Mandates

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IRS Denies Exempt Status under Section 501(c)(4) For Too Much Political Activity

Earlier this year, while Washington was fixated on former Internal Revenue Service (IRS) employee Lois Lerner and her missing emails, her former employer quietly denied the application for exemption of an organization seeking…more

501(c)(4), Exempt Organizations, IRS, Political Campaigns

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Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel Not Covered by Attorney-Client Privilege

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees said…more

Attorney-Client Privilege, Bodily Injury, Bright-Line Rule, Confidential Communications, Educational Institutions

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Clean Power Plan's Future in Jeopardy Under Trump

During his campaign, President-Elect Donald Trump vowed to scrap President Obama's Clean Power Plan (CPP) rule. The CPP is the cornerstone of President Obama's environmental legacy. The rule establishes the first national…more

Carbon Emissions, Clean Power Plan, Climate Change, Energy, Energy & Climate Debates

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Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal Email Accounts Subject to Disclosure Under FOIA

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public records…more

Attorney Generals, CNN, Document Requests, Electronic Communications, Email

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Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that…more

ADA, Alcohol Beverage Control, All Natural, Antitrust Litigation, Arbitration

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Key Factors of a Computer Digital Account (CDA) Plan to Protect Your Legacy

Increasingly, we interact with the world around us through digital devices and social media. Compared to decades past, our most essential information is now stored on a computer or hand-held device. Everything can now be done…more

Digital Assets, Electronically Stored Information, Estate Planning

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FinCEN Geographic Targeting Order Affects Miami-Dade County Residential Purchases Exceeding $1 Million

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Jan. 13, 2016, issued a Geographic Targeting Order (GTO or the Order) requiring title insurance companies, subsidiaries and agents (each a…more

BSA/AML, Disclosure Requirements, FinCEN, GTO, Insurance Industry

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FinCEN Proposal Extends AML Requirements to Banks Without a Federal Functional Regulator - Proposed Rule Would Include Trust Companies and Puerto Rican IBEs

The Financial Crimes Enforcement Network (FinCEN) on Aug. 25, 2016, issued a notice of proposed rulemaking (Proposed Rule) to implement Section 326 of the Uniting and Strengthening America by Providing Appropriate Tools Required…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Banks, BSA/AML

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District Court Rules on ERISA Liability of Board and ESOP Advisory Committee Members in ESOP Transactions

On Sept. 1, 2016, the U.S. District Court for the Northern District of Illinois issued its decision in the Antioch employee stock ownership plan (ESOP) fiduciary litigation. The court held that the Antioch Board of Directors and…more

Breach of Duty, Buy-Out Agreements, Closely Held Businesses, Corporate Counsel, Employee Benefits

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Reaffirming an Everyday Commitment to Anti-Human Trafficking Measures

Yesterday, on Jan. 11, we observe National Human Trafficking Awareness Day. It was so designated in 2007, when the U.S. Senate affirmed the nation’s commitment to eliminating human trafficking globally. Further, each year the…more

Forced Labor, Human Trafficking, Slavery, Supply Chain

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Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to Discharge Employees for Off-Duty Use of Marijuana Allowed by State Law

In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of…more

CO Supreme Court, Coats v Dish Network, Controlled Substances Act, Corporate Counsel, Disabled

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Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust…more

Anti-Competitive, Antitrust Provisions, FTC, Hospital Mergers, Hospitals

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Why the TCCWNA Matters to Retailers in New Jersey - New Wave of Consumer Class Actions Likely to Continue Despite Recent Progress in State, Federal Courts

The New Jersey Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 et seq., was enacted in 1981 by the New Jersey Legislature to address a growing trend of calculated deception in the consumer context…more

Class Action, Commercial Insurance Policies, Consumer Contracts, Consumer Fraud, Consumer Rights Directive

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The New York Non-Profit Revitalization Act of 2013

Governor Cuomo signed New York's Non-Profit Revitalization Act of 2013 into law in December. Most of its provisions take effect July 1, 2014. The new law, which was designed to stimulate New York's not-for-profit industry,…more

Audits, Executive Compensation, Exempt Organizations, Non-Profits, Transparency

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2013 Florida Legislative Session Recap

Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more

New Legislation, Proposed Legislation, State Budgets

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La Dian expidió declaración anual de activos en el exterior para 2015

El pasado 14 de septiembre de 2015 el Director de la Dirección de Impuestos y Aduanas Nacionales, expidió el Formulario No. 160 para la presentación de la “Declaración Anual de Activos en el Exterior”. La Declaración Anual…more

Filing Requirements, Foreign Financial Assets, Tax Rates

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U.S. Department of Education Issues Revised Handbook for Campus Safety and Security Reporting

For the first time in five years, the U.S. Department of Education (Department) has updated The Handbook for Campus Safety and Security Reporting, the primary resource for institutions of higher education seeking "step-by-step…more

Clery Act, Colleges, Department of Education, Educational Institutions, Federal Student Aid

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History Doesn't Bode Well For New Commercial Cargo Preference Bill

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of…more

Buy America, Consolidated Appropriations Act, Crude Oil, Energy Sector, Exports

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Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of…more

Dear Colleague Letter, Department of Education, Disclosure, FERPA, HIPAA

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Illinois Court Addresses Contractual "Pay-If-Paid" Provisions - Appellate Ruling: Strict Standard is Required for Forfeiture of Construction Payments Under Clause

The Illinois First District Appellate Court recently addressed the longstanding principle in A.A. Conte Inc. v. Campbell-Lowrie-Lautermilch Corp., 132 Ill. App. 3d 325 (1st Dist. 1985), of barring payments by general contractors…more

Appeals, Construction Contracts, Construction Industry, Contract Terms, General Contractors

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Appropriations Hearing on the Bureau of Indian Affairs/Indian Health Service Budget Request

On April 24 at 9:30 a.m. and 1:00 p.m., and on April 25 at 9:30 p.m., the House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold three separate American Indian and Alaska Native Public and…more

Native American Issues, Testimony

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DOJ Backs Up Yates Memo with Indictment of Former Warner Chilcott Executive

A grand jury in the U.S. District Court for the District of Massachusetts returned an indictment against W. Carl Reichel, a former president of Warner Chilcott PLC's pharmaceuticals division, on Oct. 28, 2015. A day later, he…more

Healthcare, Kickbacks, Prescription Drugs, Warner Chilcott, Yates Memorandum

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FinCEN Geographic Targeting Order Affects Miami-Dade County Residential Purchases Exceeding $1 Million

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Jan. 13, 2016, issued a Geographic Targeting Order (GTO or the Order) requiring title insurance companies, subsidiaries and agents (each a…more

BSA/AML, Disclosure Requirements, FinCEN, GTO, Insurance Industry

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Foreclosure Law – A Brief Overview Of California's One Action Rule And Anti-Deficiency Provisions

California’s one-action rule and anti-deficiency provisions (together, the "anti-deficiency provisions") protect borrowers that have defaulted on debt secured by real property. Those provisions limit the remedies available to…more

Anti-Deficiency Provisions, Foreclosure, One-Action Rule

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New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief

Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust…more

Commercial Loans, IDOT, Tax Exemptions

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SEC Concept Release Requests Market Comment to Update Regulation S-K

HIGHLIGHTS: - The U.S. Securities and Exchange Commission (SEC) issued a 341 page concept release in April requesting market participants to comment on its proposals to update and modernize Regulation S-K. - The…more

Comment Period, Disclosure Requirements, Regulation S-K, Reporting Requirements, SEC

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SEC Concept Release Requests Market Comment to Update Regulation S-K

HIGHLIGHTS: - The U.S. Securities and Exchange Commission (SEC) issued a 341 page concept release in April requesting market participants to comment on its proposals to update and modernize Regulation S-K. - The…more

Comment Period, Disclosure Requirements, Regulation S-K, Reporting Requirements, SEC

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Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the…more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

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Florida Enacts a New Revised Limited Liability Company Act

On May 3, 2013, as the last act of the 2013 Florida Legislature, the House passed into law the new Florida Revised Limited Liability Company Act (the "New LLC Act") in the form of Senate Bill 1300, and as amended, House Bill…more

Amended Legislation, Limited Liability Company (LLC), New Legislation, RULLCA

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SEC Rules for Resource Extraction Issuers Could Lead to Increased FCPA Scrutiny, Disclosures

New rules issued by the U.S. Securities and Exchange Commission (SEC) that require resource extraction issuers to disclose payments made to U.S. and foreign governments for the commercial development of oil, natural gas or…more

Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, Energy Sector, EU

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New York Department of Financial Services Revises Proposed Cybersecurity Rule

The New York Department of Financial Services (NYDFS) recently issued a revised proposed regulation seeking to add its own mandate of cybersecurity requirements to those already in existence for banks, insurance companies and…more

Banking Sector, CISO, Cyber Insurance, Cybersecurity, Cybersecurity Framework

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IRS Extends FATCA Registration Deadline to May 5, 2014

HIGHLIGHTS: - Foreign financial institutions must perform due diligence to identify their U.S.-owned accounts and report them to the IRS, as well as act as a withholding agent for payments to other foreign entities…more

Banks, Due Diligence, FATCA, FFI, Foreign Banks

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Court Rules Article Reporting About "False Testimony" Not "Actual Malice"

A Maryland court dismissed a defamation lawsuit against a newspaper, filed by a former chief deputy state's attorney, over articles reporting that he had given "false testimony" about a murder investigation. The articles in the…more

Actual Malice, Defamation, False Statements

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2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the two…more

Anti-SLAPP, Conservation, Drones, Federal Aviation Administration (FAA), Fracking

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SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly…more

8(a) Program, Business Development, Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules

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New York Department of Financial Services Revises Proposed Cybersecurity Rule

The New York Department of Financial Services (NYDFS) recently issued a revised proposed regulation seeking to add its own mandate of cybersecurity requirements to those already in existence for banks, insurance companies and…more

Banking Sector, CISO, Cyber Insurance, Cybersecurity, Cybersecurity Framework

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Paid Family and Medical Leave for D.C. Employees To Become Law

District of Columbia Mayor Muriel Bowser on Feb. 15, 2017, declined to veto the controversial Universal Paid Leave Amendment Act of 2016. Although she declined to veto the measure, Bowser returned the bill unsigned to the…more

Anti-Retaliation Provisions, FMLA, Medical Leave, New Legislation, Notice Requirements

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New York to Drastically Change "Gift Tax" Rule

Currently, there is no gift tax in New York, and although the amount of lifetime taxable gifts made by a New Yorker may cause the estate tax rate to increase, there is no additional estate tax paid on those gifts. New York…more

Estate Planning, Estate Tax, Gift Tax

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Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale of…more

Destruction of Evidence, Evidence, Fishing Industry, Rule of Lenity, Sarbanes-Oxley

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Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from the…more

Beverage Manufacturers, Class Action, Deceptively Misdescriptive, Disparagement, Distributors

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"In the Name of the Environment" Update - 13,946 Housing Units – and 200-bed Homeless Shelter – Targeted by Recent CEQA Lawsuits Filed in Los Angeles Region

Holland & Knight's West Coast Land Use and Environment Practice Group has provided an update to its "In the Name of the Environment" report, detailing California Environmental Quality Act (CEQA) lawsuits that targeted housing…more

CEQA, Environmental Policies, Homeless Issues, Infrastructure, Public Projects

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Local Government: Illinois Open Meetings Act Update

With the enactment of P.A. 097-0827 and a recently issued binding Attorney General Opinion, July has been a busy month for the Illinois Open Meetings Act, 5 ILCS 120/1, et seq…more

Open Meetings Act

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New York District Court Limits the Applicability of the PSLRA's Safe Harbor

A U.S. District Court for the Southern District of New York recently found that a company that had provided lower earnings guidance in its statements to the public than its results from the previous year was not protected by the…more

Fashion Design, PSLRA, Safe Harbors

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Lobbying Restrictions for Federal Contractors - The Byrd Amendment

Several federal contractors have been in the news recently for potentially engaging in prohibited lobbying activity. Both the Department of Justice and the Department of Defense Inspector General have been focusing on this…more

Byrd Amendment, Department of Defense (DOD), Disclosure Requirements, DOJ, Federal Acquisition Regulations (FAR)

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IRS Amends TED Bond Volume Cap Rules to Accommodate Draw-Down Loans

The Internal Revenue Service (IRS) issued Notice 2015-83 on Dec. 4, 2015, a change that will make it easier for Indian tribal governments to use tribal economic development (TED) volume cap for "draw-down" loan structures in…more

American Recovery and Reinvestment Act, IRS, Loans, Native American Issues, Tax Exemptions

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Politics in the Workplace: What Must Employers Allow?

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and…more

Discrimination, Employment Policies, First Amendment, Free Speech, NLRA

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Tips to Reduce Adverse Effects of DOL's New Independent Contractor Status - Employers Must Carefully Select Status with Multifactor Test

Administrator David Weil issued an Administrator's Interpretation (Interpretation) on July 15, 2015, on behalf of the United States Department of Labor (DOL) regarding the appropriate classification of workers as independent…more

401k, DOL, FLSA, Independent Contractors, Misclassification

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FTC Announces Revised Hart-Scott-Rodino Thresholds Effective Feb. 27, 2017

The Federal Trade Commission (FTC) has announced its annual revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after Feb. 27,…more

Antitrust Provisions, Filing Fees, FTC, Hart-Scott-Rodino Act, Mergers

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CFPB Structure Hangs In the Balance as Agency Petitions D.C. Circuit for Rehearing

The Consumer Financial Protection Bureau (CFPB) filed on Nov. 18, 2016, a petition challenging the U.S. Court of Appeals for the District of Columbia Circuit's ruling in PHH Corp., et al. v. Cons. Fin. Prot. Bureau, in which the…more

Administrative Proceedings, CFPB, Constitutional Challenges, Dodd-Frank, En Banc Review

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California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent from a…more

CA Supreme Court, Email, Public Employees, Public Policy, Public Records

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NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March 2015,…more

Collective Bargaining, Confidentiality Agreements, Corporate Counsel, Employee Handbooks, Employee Rights

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Proposed Treasury Regulations Would Severely Limit Valuation Discounts

Earlier this month, the U.S. Department of the Treasury unveiled its long-awaited proposed regulations targeting valuation discounts commonly used in estate planning, thereby overturning decades of settled law. As drafted, the…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

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Eleventh Circuit Confirms Scope of Original Jurisdiction Under Class Action Fairness Act

In Wright Transportation, Inc. v. Pilot Corporation, et al., the U.S. Court of Appeals for the Eleventh Circuit considered whether a district court retains original jurisdiction over state law claims following the dismissal of…more

Appeals, CAFA, Corporate Counsel, Original Jurisdiction, Subject Matter Jurisdiction

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It’s Time to Re-Think the False Claims Act

The federal False Claims Act (FCA) is one of the government’s primary weapons in combating fraud by federal contractors, federal grantees and recipients of federal benefits. Since 1986, when the FCA was restructured into its…more

Enforcement, Enforcement Actions, False Claims Act (FCA), Federal Contractors, Fraud

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A Warning to Issuers: SEC Charges City and Two Officials with Fraud

In a first-time use of the Dodd-Frank Act, the U.S. Securities and Exchange Commission (SEC) has charged Allen Park, Mich., its former mayor and its former city administrator with fraud in connection with $31 million in…more

Dodd-Frank, Enforcement Actions, Municipal Securities Issuers, Popular, Public Officials

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Trump Administration's Budget Blueprint Calls For Significant Impacts to Environmental Programs

The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would reduce…more

Budget Cuts, Bureau of Land Management, Chesapeake Bay, Clean Power Plan, Clean Water Rule

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The Business Records Exception As It Applies to Prior Loan Servicer Records - January 2015 Fourth District Court Ruling Provides Much-Needed Clarity

Last week, in Bank of New York v. Andrew Calloway, the Fourth District Court of Appeals provided some long-awaited clarity to the business records exception as it relates to a prior loan servicer's records under Florida law. In…more

Business Records, Consumer Lenders, Exceptions, Lenders, Loan Servicer

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OIG Issues Favorable Advisory Opinion Regarding Wholly Owned GPO Arrangement

The U.S. Department of Health and Human Services Office of Inspector General (OIG) on May 9, 2016, issued Advisory Opinion 16-06, finding a sufficiently low level of risk in a group purchasing organization (GPO) arrangement in…more

Anti-Kickback Statute, GPOs, OIG, Safe Harbors

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Division of Corporation Finance Posts Slides Discussing Common Financial Reporting Issues for Smaller Companies

The Division of Corporation Finance (the "division") of the United States Securities and Exchange Commission (SEC) recently posted slides from an annual presentation at the Forum on Auditing in the Small Business Environment…more

Disclosure Requirements, Financial Reporting, PCAOB, Reporting Requirements, SEC

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Defend Trade Secrets Act Approved by Congress - The Legislation Has Implications for Employers and Trade Secret Holders Nationwide

The U.S. House of Representatives passed the Defend Trade Secrets Act (DTSA) on April 27, 2016, significant legislation that proposes to amend the Economic Espionage Act. The DTSA had previously passed the Senate and is expected…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Misappropriation

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Sequestration Tango: Taking Steps to Assess Risk and Mitigate Impacts

Many federal contractors and subcontractors are in store for a bumpy ride. On March 1, 2013, sequestration went into effect, requiring the federal government to cancel $85 billion in budgetary resources between now and September…more

Contractors, OMB, Risk Assessment, Spending Cuts

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House ACA Bill Contains Numerous Provisions Affecting Employers

The House Committee on Ways and Means and the House Energy and Commerce Committee released proposed legislation on March 6, 2017, to partially repeal and replace parts of the Affordable Care Act (ACA), which was signed into law…more

Affordable Care Act, Business Tax Credits, Cadillac Tax, Employee Benefits, Employer Mandates

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Seventh Circuit Strikes Down Zoning Regulations and Age Restriction Governing Shooting Ranges

On Jan. 18, 2017, the U.S. Court of Appeals for the Seventh Circuit struck down Chicago's zoning regulations limiting shooting ranges to only a small portion of the city, as well as the city's ban on minors entering shooting…more

Appeals, Constitutional Challenges, Firearms, Gun Laws, Minor Children

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Proposed Treasury Regulations Would Severely Limit Valuation Discounts

Earlier this month, the U.S. Department of the Treasury unveiled its long-awaited proposed regulations targeting valuation discounts commonly used in estate planning, thereby overturning decades of settled law. As drafted, the…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

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Trump Administration's Budget Blueprint Calls For Significant Impacts to Environmental Programs

The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would reduce…more

Budget Cuts, Bureau of Land Management, Chesapeake Bay, Clean Power Plan, Clean Water Rule

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Trump Administration Sanctions Iran in Response to Missile Test

The Trump Administration responded on Feb. 3, 2017, to Iran's latest series of ballistic missile tests by sanctioning certain individuals and companies involved in Iran's efforts to procure ballistic missile technology or…more

Iran, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), Nuclear Weapons, OFAC

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Avoiding and Defending Florida License Tax Audits

Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property…more

Audits, Corporate Taxes, Hotels, Licenses, Resorts & Restaurants

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Supreme Court Clarifies Limits on Tribes' Self-Determination Contract Support Costs Claims

The U.S. Supreme Court ruled on Jan. 25, 2016, against the Menominee Indian Tribe of Wisconsin (Tribe) in Menominee Indian Tribe of Wisconsin v. United States, et al., 577 U.S. ___ (2016) regarding its claims that the Indian…more

Contract Disputes Act, Equitable Tolling, ISDA, Menominee Indian Tribe v US, Native American Issues

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End of Immigration Privileges for Cuban Nationals Signals Changes in U.S.-Cuba Relationship

Before former President Barack Obama left office, one of his last acts was to repeal the policy granting asylum to every Cuban national who made it to the United States. As part of the normalization of formal diplomatic…more

Barack Obama, Cuba, DHS, Foreign Nationals, Immigrants

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Supreme Court: RICO Has Extraterritorial Reach But Requires Domestic Injury

The Supreme Court issued an important opinion on June 20, 2016, regarding the extraterritorial reach of the Racketeering Influenced and Corrupt Organizations Act (RICO) that may have real-world implications for companies…more

Domestic Injury, EU, Euro, Extraterritoriality Rules, Money Laundering

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District Court Rules on ERISA Liability of Board and ESOP Advisory Committee Members in ESOP Transactions

On Sept. 1, 2016, the U.S. District Court for the Northern District of Illinois issued its decision in the Antioch employee stock ownership plan (ESOP) fiduciary litigation. The court held that the Antioch Board of Directors and…more

Breach of Duty, Buy-Out Agreements, Closely Held Businesses, Corporate Counsel, Employee Benefits

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Report from the National 8(a) Association 2016 Winter Conference in Orlando

The National 8(a) Association 2016 Winter Conference, held in Orlando on Feb. 9-10, provided several useful updates on Small Business Administration (SBA) matters affecting Indian tribes, Alaska Native Corporations (ANCs),…more

Federal Contractors, Mentor-Protege Program, Native American Issues, OMB, SBA

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Maryland Appellate Court Clarifies Applicability of Business Judgment Rule for Board Responding to Shareholder Demand

The Maryland Court of Special Appeals recently ruled in Oliveira v. Sugarman, -- A.3d --, 2016 WL 361055 (2016), that a Maryland board's rejection of a shareholder demand is subject to the presumption of the business judgment…more

Business Judgment Rule, Independent Directors, Shareholder Demands, Shareholder Litigation, Shareholder Rights

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FinCEN Proposal Extends AML Requirements to Banks Without a Federal Functional Regulator - Proposed Rule Would Include Trust Companies and Puerto Rican IBEs

The Financial Crimes Enforcement Network (FinCEN) on Aug. 25, 2016, issued a notice of proposed rulemaking (Proposed Rule) to implement Section 326 of the Uniting and Strengthening America by Providing Appropriate Tools Required…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Banks, BSA/AML

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Illinois Appellate Court Narrows Attorney General's FOIA Opinion on Communications on Elected Officials' Private Devices

On July 16, 2013, the Appellate Court of Illinois for the Fourth District issued an opinion in City of Champaign v. Madigan, 2013 IL App (4th) 120662, that upheld the Illinois Attorney General's (AG) binding opinion (Public…more

Attorney Generals, Electronically Stored Information, Email, FOIA, Mobile Devices

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Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of…more

Dear Colleague Letter, Department of Education, Disclosure, FERPA, HIPAA

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New California Employment Laws for 2014: What Your Business Needs to Know

The California Legislature enacted numerous employment laws in 2013 that affect California employers. The significant changes initiated by these statutes include a higher minimum wage, increased whistleblower protections and new…more

Employment Policies, State Immigration Laws, Wage and Hour, Whistleblower Protection Policies

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Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they required a…more

Adverse Employment Action, Business Records, Dismissals, Employment Discrimination, Ethnicity

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OSHA Revises Rule on Injury and Illness Reporting and Recordkeeping - What Employers Need to Know Now About the Changes Effective Jan. 1, 2015

On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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"Site Neutrality" Bill Impacts Off-Campus Hospital Outpatient Departments

On Nov. 2, 2015, President Obama signed into law H.R. 1314, the Bipartisan Budget Act of 2015 (the Act).1 The Act suspended the federal debt ceiling through March 2017. It also set overall appropriations limits for the federal…more

Bipartisan Budget, Health Care Providers, Healthcare, Medicare Payment Reform, Outpatient Services

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NY DOL Hits Employers With New Year's Eve Salary Increases

The New York State Department of Labor on Dec. 28, 2016, adopted a rule requiring employers that employ individuals who do not receive overtime pay thanks to their classification as administrative or executive exempt employees…more

DOL, Exempt-Employees, Minimum Salary, Minimum Wage, Wage and Hour

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The New York Non-Profit Revitalization Act of 2013

Governor Cuomo signed New York's Non-Profit Revitalization Act of 2013 into law in December. Most of its provisions take effect July 1, 2014. The new law, which was designed to stimulate New York's not-for-profit industry,…more

Audits, Executive Compensation, Exempt Organizations, Non-Profits, Transparency

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House Committees Unveil Affordable Care Act Repeal/Replace Bill

Congressional Republican leaders have indicated that they will approach the repeal and replacement of the Affordable Care Act in three steps: 1) repeal and replace through the so-called "budget reconciliation" process; 2)…more

Affordable Care Act, Employer Mandates, Health Insurance, Health Savings Accounts, Healthcare Reform

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New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law Veil-Piercing Standard Should Continue To Apply In Most Instances

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing and/or…more

Alter Ego, Corporate Veil, Federal Maritime Commission

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How To Protect Yourself From Identity Theft

This year, I have heard from an increasing number of clients, colleagues and family members wanting advice on how to proactively protect themselves from becoming identity theft victims. Having been through my own personal…more

Identity Theft

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Rail Issues Before the New Administration

There was a plenty of rail-related activity during the 114th Congress and the last two years of the Obama Administration. Amtrak and the Surface Transportation Board (STB) were reauthorized with major changes to Amtrak's funding…more

Amtrak, China, Critical Infrastructure Sectors, Crude Oil, Federal Railroad Administration

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